The Vermont Statutes Online
§ 4451. Definitions
As used in this chapter:
(1) "Director" means the Director of the Office of Professional Regulation.
(2) "Disciplinary action" means any action taken by the administrative law officer appointed pursuant to 3 V.S.A. § 129(j) against a licensee or applicant for licensure under this chapter, premised on a finding that the person has engaged in unprofessional conduct. "Disciplinary action" includes all sanctions of any kind, including obtaining injunctions, refusal to give an examination, refusal to grant or renew a license, suspension or revocation of a license, placement of limitations or restrictions upon a license, issuance of warnings, ordering restitution, and other similar sanctions.
(3) "Office" means the Office of Professional Regulation.
(4) "Practice of speech-language pathology" includes:
(A) screening, identifying, assessing and interpreting, diagnosing, rehabilitating, treating, and preventing disorders of language and speech, including disorders involving articulation, fluency, and voice;
(B) screening, identifying, assessing and interpreting, diagnosing, and rehabilitating disorders of oral-pharyngeal function, including dysphagia and related disorders;
(C) screening, identifying, assessing and interpreting, diagnosing, and rehabilitating communication disorders;
(D) assessing, selecting, and developing augmentative and alternative communication systems, and providing training in their use;
(E) providing aural rehabilitation, speech-language, and related counseling services to individuals who are hard of hearing or experiencing auditory processing problems and their families;
(F) enhancing speech-language proficiency and communication effectiveness, including accent modification; and
(G) screening of hearing and other factors for the purpose of speech-language evaluation, or the initial identification of individuals with other communication disorders.
(5) "Secretary" means the Secretary of State.
(6) "Speech-language pathologist" means a person licensed to practice speech-language pathology under this chapter.
(7) "Speech-language pathology" means the application of principles, methods, and procedures related to the development and disorders of human communication, which include any and all conditions that impede the normal process of human communication. (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003; amended 2005, No. 214 (Adj. Sess.), § 5, eff. July 1, 2007; 2013, No. 92 (Adj. Sess.), § 276, eff. Feb. 14, 2014; 2013, No. 96 (Adj. Sess.), § 182; 2015, No. 38, § 39, eff. Sept. 1, 2015.)
§ 4452. Prohibitions; penalties
(a) A person shall not:
(1) practice or attempt to practice speech-language pathology or hold oneself out as being permitted to do so in this State unless the person is licensed in accordance with this chapter;
(2) use in connection with the person's name an insignia or any letters or words that indicate the person is a speech-language pathologist unless the person is licensed in accordance with this chapter; or
(3) practice speech-language pathology after the person's license under this chapter has been suspended or revoked.
(b) A person who violates a provision of this section or who obtains a license by fraud or misrepresentation shall be subject to the pertinent penalties provided in 3 V.S.A. § 127. (Added 2001, No. 151 (Adj. Sess.), § 45, eff. June 27, 2002; amended 2007, No. 29, § 72; 2015, No. 38, § 39, eff. Sept. 1, 2015.)
§ 4453. Exemptions
The provisions of section 4452 of this chapter shall not apply to a person enrolled in a course of study leading to a degree or certificate in speech-language pathology at a school accredited by the American Speech-Language Hearing Association, provided:
(1) the activities and services performed constitute part of a supervised course of study;
(2) the person is designated by a title that clearly indicates the person's student or trainee status; and
(3) the person is under the direct supervision of a speech-language pathologist licensed in this State. (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003; amended 2015, No. 38, § 39, eff. Sept. 1, 2015.)
§ 4454. Construction
This chapter shall not be construed to limit or restrict in any way the right of a practitioner of another occupation that is regulated by this State from performing services within the scope of his or her professional practice. (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003; amended 2005, No. 214 (Adj. Sess.), § 6, eff. July 1, 2007; 2015, No. 38, § 39, eff. Sept. 1, 2015.)
§ 4455. Advisor appointees
(a) The Secretary shall appoint two individuals to serve as advisors in matters related to speech-language pathology. Both advisors shall be licensed speech-language pathologists, shall have not less than three years' experience as speech-language pathologists immediately preceding appointment, and shall be actively engaged in the practice of speech-language pathology in Vermont during incumbency.
(b) The Director shall seek the advice of the individuals appointed under this section in carrying out the provisions of this chapter. The advisors shall be entitled to compensation and necessary expenses as provided in 32 V.S.A. § 1010 for meetings called by the Director.
(c) [Repealed.] (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003; amended 2005, No. 214 (Adj. Sess.), § 7, eff. July 1, 2007; 2013, No. 92 (Adj. Sess.), § 277, eff. Feb. 14, 2014; 2015, No. 38, § 39, eff. Sept. 1, 2015.)
§ 4456. Director duties
(a) The Director shall administer the application and renewal process for all licensees under this chapter, and shall:
(1) provide information to applicants for licensure under this chapter;
(2) administer fees collected under this chapter;
(3) explain appeal procedures to licensees and applicants and explain complaint procedures to the public;
(4) explain sanctions, including license revocation and suspension, that may be imposed in disciplinary cases, the criteria by which sanctions are selected, and procedures for reinstatement where appropriate;
(5) receive applications for licensure, grant licensure under this chapter, renew licenses, and deny, revoke, suspend, reinstate, or condition licenses as directed by an administrative law officer;
(6) with the advice of the advisor appointees, adopt rules necessary to implement the provisions of this chapter, which may include rules providing for the issuance of a restricted, provisional license to a person in the process of completing the postgraduate professional training required by subdivision 4457(3) of this chapter;
(7) prepare and maintain a registry of licensed speech-language pathologists; and
(8) issue to each person licensed a certificate of licensure that shall be prima facie evidence of the right of the person to whom it is issued to practice as a licensed speech-language pathologist, subject to the conditions and limitations of this chapter.
(b) [Repealed.] (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003; amended 2005, No. 214 (Adj. Sess.), § 8, eff. July 1, 2007; 2013, No. 92 (Adj. Sess.), § 278, eff. Feb. 14, 2014; 2015, No. 38, § 39, eff. Sept. 1, 2015; 2017, No. 48, § 32.)
§ 4457. Licensure; applications; eligibility
An applicant for licensure under this chapter shall submit an application to the Office on a form furnished by the Office, along with payment of the specified fee and evidence of the eligibility qualifications established by the Director that shall include, at a minimum:
(1) a master's degree or equivalent in speech-language pathology from an educational institution approved by the Director with course work completed in areas specified by rule;
(2) completion of a supervised clinical practicum, the length and content of which shall be established by rule;
(3) completion of a period, as determined by rule, of postgraduate professional training as approved by the Director; and
(4) passing an examination in speech-language pathology approved by the Director. (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003; amended 2005, No. 214 (Adj. Sess.), § 9, eff. July 1, 2007; 2015, No. 38, § 39, eff. Sept. 1, 2015.)
§ 4458. Renewals; continuing education
A license shall be renewed on a schedule set by the Director upon payment of the renewal fee, provided the person applying for renewal completes professional development activities in accord with the processes approved by the Director. The Director shall establish, by rule, guidelines and criteria for the renewal or reinstatement of licenses issued under this chapter. (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003; amended 2005, No. 214 (Adj. Sess.), § 10, eff. July 1, 2007; 2015, No. 38, § 39, eff. Sept. 1, 2015.)
§ 4459. Fees
Each applicant and licensee shall pay the fees set forth in 3 V.S.A. § 125. (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003; amended 2015, No. 38, § 39, eff. Sept. 1, 2015.)
§§ 4460-4463. Repealed. 2015, No. 38, § 40, eff. September 1, 2015.
§ 4464. Unprofessional conduct
(a) A licensee or applicant shall not engage in unprofessional conduct.
(b) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a:
(1) willfully making or filing false reports or records in the practice of speech-language pathology, willfully impeding or obstructing the proper making or filing of reports or records, or willfully failing to file the proper report or record;
(2) aiding or abetting a person, directly or indirectly, to commit an unauthorized practice;
(3) giving, offering to give, or causing to be given, directly or indirectly, money or anything of value to any person who advises another in a professional capacity, as an inducement for the professional to influence others to purchase goods or services from the licensee;
(4) advertising or making a representation that is intended or has a tendency to deceive the public, including:
(A) advertising a particular type of service or equipment when the particular service or equipment is not available;
(B) advertising or making any statement related to the practice of speech-language pathology that is intended to or tends to deceive or mislead the public;
(C) using or promoting or causing the use of any misleading, deceiving, improbable, or untruthful advertising matter, promotional literature, testimonial guarantee, or any other representation;
(5) engaging in any unfair or deceptive act or practice within the meaning of 9 V.S.A. § 2453, relating to consumer protection;
(6) willfully failing to honor any representation, promise, or agreement to a client or consumer;
(7) professional negligence or malpractice;
(8) any of the following, except when reasonably undertaken in an emergency situation in order to protect life or health:
(A) practicing or offering to practice beyond the scope permitted by law;
(B) accepting and performing professional or occupational responsibilities that the licensee knows or has reason to know the licensee is not competent to perform; or
(C) performing professional or occupational services that have not been authorized by the consumer or his or her legal representative;
(9) failing to make available, upon request of a person using the licensee's services, copies of records or documents in the possession or under the control of the licensee, when those records or documents have been prepared in connection with the furnishing of services or goods to the requesting persons;
(10) sexual harassment of a patient or client;
(11) engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient;
(12) conviction of a crime related to the practice of speech-language pathology or conviction of a felony, whether or not related to the practice of the profession;
(15) engaging in fraud in connection with any State or federally assisted medical assistance programs; or
(16) violating any part of the Code of Ethics of the American Speech-Language-Hearing Association. (Added 2001, No. 151 (Adj. Sess.), § 45, eff. July 1, 2003; amended 2011, No. 136 (Adj. Sess.), § 1b, eff. May 18, 2012; 2013, No. 96 (Adj. Sess.), § 183; 2015, No. 38, § 39, eff. Sept. 1, 2015.)